Durham cop says she heard man scream about being beaten

OSHAWA — The trial of two Toronto-area brothers accused of brutally beating a black teen nearly three years ago took a surprise turn Tuesday when an officer who responded to the incident recalled details she had never previously shared with prosecutors or investigators.

Durham Regional Police Const. Barbara Zabdyr told the Oshawa, Ont., court she heard Dafonte Miller screaming when she arrived at the scene of the incident on Dec. 28, 2016.

“He was screaming that he was beaten up by the males and that they were hitting him with something,’’ she testified.

Her new recollection was quickly challenged by lawyers representing Michael Theriault, a Toronto police officer, and his brother Christian Theriault, who are jointly charged with aggravated assault in the incident. They are also separately charged with obstruction of justice over how they portrayed it to investigators. They have pleaded not guilty.

Prosecutors allege Michael Theriault, who was off duty at the time of the incident, and his brother chased Miller, then 19, and beat him, at times using a metal pipe.

Court has heard the Theriault brothers told investigators they caught the teen breaking into their parents’ truck, and feared for their lives during the encounter.

Zabdyr testified that when she arrived at the scene in Whitby she saw Miller face down on the driveway. He was being restrained by a white, bearded man, while another white, longhaired man stood nearby, she said. She heard the teen scream as she approached, she said.